AGENDA ROGERS PLANNING COMMISSION. October 17, :00 PM

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1 AGENDA ROGERS PLANNING COMMISSION October 17, :00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. OPEN FORUM 3. APPROVE AGENDA 4. CONSENT AGENDA 4.1 Approval of the September 19, 2017 Planning Commission Meeting Minutes 5. PUBLIC HEARINGS 5.1 Public Hearing to Consider the Following Requests by Capitol Beverage Sales, LP: Conditional Use Permit for outdoor storage Variance for truck/trailer storage in the front yard Site Plan Approval for a 77,025 sq.ft. warehouse expansion 5.2 Public Hearing to Consider a Request by Revolution Gymnastics for a Conditional Use Permit to Allow a Commercial Recreation Facility Within the L-I District, Located at Co. Rd GENERAL BUISINESS 7. OTHER BUSINESS 8. ADJOURN

2 REQUEST FOR ACTION ROGERS PLANNING COMMISSION Meeting Date: October 17, 2017 Agenda Item: No. 4.1 Subject: Approval of the September 19, 2017 Planning Commission Meeting Minutes Prepared By: ATTACHMENTS: Description September 19, 2017 Planning Commission Minutes

3 MINUTES ROGERS PLANNING COMMISSION September 19, 2017 CALL TO ORDER The meeting of the Rogers Planning Commission was held on September 19, 2017 at 7:00 p.m. was called to order with Commissioners Silverstein, Meadows, Swanson, Nei, Neis, Kraemer, Binkley, Jullie and Terhaar were present. Also present were City Planner/Community Dev. Coordinator Sellman, Deputy Clerk Splett, Councilmember Gorecki and Planning Intern Patnode. Member(s) excused: Swanson. SET AGENDA The Agenda was set as submitted. Commissioner Silverstein moved, Commissioner Nei seconded the motion to approve the agenda as submitted. On the vote, all members voted AYE. Motion carried. CONSENT AGENDA* A. Approval of the August 15, 2017 Planning Commission Meeting Minutes Commissioner Neis moved, Commissioner Kraemer seconded a motion to approve the August 15, 2017 Planning Commission Meeting Minutes as submitted. On the vote, all members voted AYE. Motion carried. PUBLIC HEARINGS A. Public Hearing to Consider a Request by Jeff Jenson for a Variance to Construct a 30 x 40 Accessory Building, Located at Edgewood Road Planning Intern Patnode provided the background information and commented on the following: Property is zoned RE-2 Accessory structure for storage of vehicles for his family of 6 all of which will be driving in the next 5 years The applicant applied for a structure 400 sq.ft. larger than what is allowed Maximum square footage on a 1.62 acre lot is 800 square feet Building will be in the side yard and will meet all setback requirements No additional driveway will be allowed Building shall be compatible with the principal structure Staff is recommending approval with conditions Chairman Neis opened the meeting for public comment. 1

4 The following comments were registered: Jeremy Bradfield, Edgewood Rd.: I think that this should be allowed. It was allowed when we were in Hassan Township. Jeff Jenson, Edgewood Rd.: Thank you for the presentation. I have lived here for 16 years now and I truly bleed blue for Rogers. I am very active in the community as a coach, hockey board, etc. and I appreciate the City and my neighbors. I staked out the allowed size of 800 sq.ft. and it just was too small. If I am going to make this investment I need it to be larger. I like to keep my property looking nice and don t want the vehicles, boat, 4 wheeler, gator, etc. all parked outside. I will have an extension from my current driveway (approximately 10 feet of blacktop) to the new building. I want to clarify that yes I am a business owner. This building will not be used for my business. I rent a shop on Main Street for that. The building will be for storage of vehicles and other items that I have been storing outside and a rec room for my kids. I did plant some pine trees around where I thought the building would go someday. They are approximately 7 feet tall now. Commissioner Binkley asked if any of the trees will have to be removed for the building. Jeff Jenson: Yes, I will have to remove one of the trees. Clint Johnson, Edgewood Rd.: I would love to see Jeff get his building. It is nicer to look at a building rather than things outside. Commissioner Nei moved, Commissioner Meadows seconded a motion to close the public hearing. On the vote, all members voted AYE. Motion carried. Commissioner Jullie moved, Commissioner Nei seconded a motion to approve a variance for a 1,200 square foot accessory structure subject to the following conditions: 1. The variance must be recorded. 2. All building code and setbacks must be met. 3. Installing an additional driveway is prohibited. 4. The accessory structure must be constructed within one year from approval. On the vote, all members voted AYE. Motion carried. B. Public Hearing to Consider a Request by Mike Gedatus for a Variance to the Sideyard Setback for an Addition to Garage, Located at Scharber Street Planning Intern Patnode provided the background information and commented on the following: Property is zoned R-2, Single Family Residential Lot size is.34 acres The surrounding neighborhood has a few homes that do not meet required side yard setback Applicant is seeking a variance for a 5.2 side yard setback to extend the building to the north 8 feet They had a fire in the garage and their insurance company ruled it needs to be completely rebuilt New garage would increase the square footage from 539 to 735 sq.ft. which is under what is allowed 2

5 Drainage is not an issue Staff is recommending approval with conditions Chairman Neis opened the meeting for public comment. There were no comments registered. Commissioner Neis moved, Commissioner Nei seconded a motion to close the public hearing. On the vote, all members voted AYE. Motion carried. Commissioner Nei moved, Commissioner Kraemer seconded a motion to approve the variance for a 5-foot side yard setback at Scharber Street subject to the following conditions: 1. The variance must be recorded. 2. The side yard setback shall be no less than 5 feet. 3. The garage shall be constructed within one year of approval of the variance. On the vote, all members voted AYE. Motion carried. C. Public Hearing to Consider a Request by Living Hope Church for an Amendment to the Existing Conditional Use Permit, Located at Territorial Road Planner Sellman provided the background information and commented on the following: This property is zoned RE-5 which allows a church by a Conditional Use Permit The applicant received a conditional use permit in 2016 to expand the parking lot, but has not completed the work They ran into some financial hardships and still need to finish grading and curbing Staff is recommending a 6 month extension Chairman Neis opened the meeting for public comment. The following comments were registered: Grady Kinghorn, Kinghorn Construction: I am representing the church and will be helping them clean up what has been done and complete the project. Commissioner Nei commented that giving them 6 months will not get the project finished. You cannot do asphalt in the cold weather. Grady Kinghorn: I would ask for an extension through early next summer. Commissioner Meadows moved, Commissioner Nei seconded a motion to close the public hearing. On the vote, all members voted AYE. Motion carried. There was a brief discussion by the Planning Commission relating to the extension period. 3

6 Commissioner Meadows moved, Commissioner Silversten seconded a motion to approve an extension to the Conditional Use Permit for the expansions of the parking lot at Territorial Road subject to the following conditions: 1. The Conditional Use Permit Amendment shall be executed and recorded 2. All comments/concerns of the City Engineers memo dated February 8, 2016 shall be satisfied. 3. The parking lot shall be expanded as shown on plans dated 1/25/ The curb and gutter are to be installed at the same time as the parking lot. 5. The extension is for one year, commencing September 26, On the vote, all members voted AYE. Motion carried. D. Public Hearing to Consider a Request by Cabela s for the Following: Preliminary Plat Approval of Cabelas Rogers 2nd Addition Amendment to the Existing Site Plan Agreement Planner Sellman provided the background information and commented on the following: Property is zoned B-2, Commercial Business district Proposing to create 2 additional lots Staff has concerns with the proposed Lot 2 relating to parking that does not meet the setbacks and there is not a public access Drainage and utility easements are not shown on this plat and are required Staff is recommending that a revised plat be submitted for final plat that removes Lot 2 and provides all drainage and utility easements Site plan approval is required for any new development and access easements The proposed Lot 3 is where the current RV parking is located Concerns with peak time (holidays and sales) parking by the police and public works Final plat and the developer s agreement must be approved within 6 months of preliminary approval Chairman Neis opened the meeting for public comment. The following comments were registered: Tom Hodorff, Land Surveyor: I don t know what will be built on Lot 2. How do we move forward with the platting without knowing what is going to go in there? I am looking for direction from you on how to move forward with this. Commissioner Meadows commented to that he is not comfortable with Lot 2 without having or knowing the user, etc. Commissioner Neis agreed that without something that meets our standards, it is hard to approve this lot. Planner Sellman stated that they showed the maximum on this site. You could make this an outlot for future development if you are not comfortable approving this now. Tom Hodorff: I am not sure if the owner will be okay with only creating one lot. Commisioner Neis asked about Lot 3 and why there will no longer be parking of RVs there. Tom Hodorff: I don t know why. Commissioner Kraemer commented that he is okay with Lot 3, but Lot 2 is too small. 4

7 Commissioner Neis moved, Commissioner Nei seconded a motion to close the public hearing. On the vote, all members voted AYE. Motion carried. There was a brief discussion by the Planning Commission that Lot 2 is too small and they would not recommend approval of it. Commissioner Nei moved, Commissioner Kraemer seconded a motion to approve the preliminary plat for Cabelas 2nd Addition with one new lot (Lot 3 on the plat) and a site plan amendment for Cabela s for Lot 3 subject to the following conditions: 1. A revised plat be submitted for final plat removing Lot 2 and showing appropriate drainage and utility easements; 2. Site plan approval will be required for any new development and access easements will be necessary at that time; 3. Final plat and development agreement must be approved within six months of preliminary approval. On the vote, all members voted AYE. Motion carried. E. Public Hearing to Consider a Request by Hennepin County Library for a Variance from the Architectural Standards, Located at John Milless Drive Planner Sellman provided the background information and commented on the following: Requesting a variance from the Architectural Standards of the B-1 district Henn. Co. is re-branding their libraries by changing the facades The majority of the building will have horizontal corrugated metal panels with vertical tongue and groove siding as an accent Staff is recommending approval Chairman Neis opened the meeting for public comment. There were no comments registered. Commissioner Meadows moved, Commissioner Nei seconded a motion to close the public hearing. On the vote, all members voted AYE. Motion carried. Commissioner Binkley moved, Commissioner Nei seconded a motion to approve the variance for the library to allow for alternative building materials. On the vote, all members voted AYE. Motion carried. 5

8 F. Public Hearing to Consider a Request by Tammy Reimier to Rezone the Property Located at Wood Lane from RE-5 to Agriculture Planner Sellman provided the background information and commented on the following: Property is zoned RE-5 with the properties to the south and east being zoned agricultural The parcel is acres with 14 acres of it being wetlands The property has a history of being used as a horse barn/stable and adding this structure would be the final piece to this operation Possible that the property was zoned agricultural prior to the annexation Staff is recommending that the property be rezoned to agricultural Chairman Neis opened the meeting for public comment. The following comments were registered: Tammy Reimier, Wood Lane: This will be an indoor horse arena. I have removed approximately 20 trees and gave a down payment to the contractor. I didn t find out that this couldn t be done until I had applied for a building permit. Planner Sellman: This was brought to our attention by the building inspector. Commissioner Neis moved, Commissioner Nei seconded a motion to close the public hearing. On the vote, all members voted AYE. Motion carried. There was a brief discussion by the Planning Commission. Commissioner Nei moved, Commissioner Meadows seconded a motion to approve the rezoning of Wood Lane from RE-5 to Agriculture. On the vote, all members voted AYE. Motion carried. NEW BUSINESS A. Resignation of City Planner The Planning Commission thanked Planner Sellman for her time as planner. She was very helpful and will be missed. They wished her well. ADJOURN Commissioner Meadows moved, Commissioner Nei seconded a motion to adjourn the meeting at 7:55 p.m. On the vote, all members voted AYE. Motion carried. 6

9 REQUEST FOR ACTION ROGERS PLANNING COMMISSION Meeting Date: October 17, 2017 Agenda Item: No. 5.1 Subject: Prepared By: Public Hearing to Consider the Following Requests by Capitol Beverage Sales, LP: Conditional Use Permit for outdoor storage Variance for truck/trailer storage in the front yard Site Plan Approval for a 77,025 sq.ft. warehouse expansion Steve Stahmer, City Administrator & Amy Patnode, Planning Assistant Recommended City Council Action Staff recommends the following motion: Move to approve the site plan, Conditional Use Permit for outdoor vehicle/trailer storage, variance for front yard vehicle/trailer storage, and variance for parking setback from building for Capital Beverage subject to the following conditions: 1. All conditions/comments of the City Engineer s memo dated October 10, 2017 shall be addressed. 2. All conditions of the Fire Marshal s memo dated September 29, 2017 shall be addressed. 3. The CUP shall be executed and recorded 4. Development agreement shall be executed and recorded. 5. The three parking stalls adjacent to the building on the southwest corner of the building to be removed from the site plan. 6. Plans must be revised to address the slope/elevation issues between the new truck/trailer storage area and South Diamond Lake Road (retaining wall, etc.) 7. The outside truck/trailer parking allowed via CUP and variance should be screened with vegetation along South Diamond Lake Road. 8. Easement must be obtained from the City for the western-most access 9. Outdoor storage shall be maintained and free of debris. 10. Outdoors storage in no case shall take up employee parking. 11. Outdoor storage shall not encroach on property line setbacks 12. All requirements from the City Engineer s memo from dated October 10, 2017 must be met to the satisfaction of the City Engineer. 13. All conditions/comments from the Fire Marshal s memo dated September 29, 2017 must be met to the satisfaction of the Fire Marshal. 14. Applicant will submit revised elevations to comply with architectural standards regarding façade breakup. Overview / Background In early 2017, Capitol Beverage Sales acquired local Thorpe Distributing and their facility at South Diamond Lake Road. With facilities now operating currently in Rogers and Fridley, the company is planning to consolidate operations into a single, expanded Rogers facility. To that end, Capitol Beverage (via Arco National Construction) has applied for Site Plan approval, Conditional Use Permit for outside

10 truck/trailer storage and a variance to the rear yard requirement for outside storage. Such approvals are necessary to accommodate the planned 77,000 (approx.) square foot expansion that will allow the company to consolidate in Rogers. The property is zoned Limited Industrial (L-I). Primary Issues to Consider Conditional Use Permit (CUP) for outside storage off trucks/trailers Variance for truck/trailer storage to be permitted in front yard Variance for parking setback from building Site Plan Analysis of Primary Issues CUP for Outdoor Storage of Vehicles/Trailers Outdoor storage of vehicles/trailers is a Conditional Use Permit in the L-I zone. The proposed expansion will increase the demand for trailers to be stored outside and will limit space available for storage in the side or rear yards. The type of trailers proposed for outside storage are freight trailers used for the transportation of goods related to the principle use. The outdoor storage of vehicles/trailers will be on a bituminous surface with drainage management to facilitate the impacted area. Screening would not normally be required for outdoor storage in the L-I district where property is surrounded by other L-I uses. But because of the requested variance for the vehicle/trailer storage to be located in the front yard as opposed to the rear yard as otherwise required by code, vegetative screening should be installed along South Diamond to the extent feasible. The outdoor storage of trailers will not take up parking spaces required to conform to the parking ratio for the expansion. According to the application, 42 stalls would be added for the building addition. Staff has recommended that three of those stalls be removed (see Site Plan approval recommendations), leaving 39 new stalls, which is the number required by the expansion. The automobile parking for the entire proposed and existing site will then total 142. The applicant is requesting 21 trailer stalls for the outdoor storage area. The original site plan did not have a parking ratio requirement included with the approval. The current parking becomes a legal non-conforming use; the current applicant is not required to conform to the parking ratio for the existing building, but must conform to their proposed addition. (b) Criteria for granting conditional use permits. In granting a conditional use permit, the city council shall consider the advice and recommendations of the planning commission and the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Among other things, the city council shall make the following findings where applicable: (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The proposed outdoor storage for Capitol Beverage will not create an excessive burden. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent agricultural or residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. The Capitol Beverage property is surrounded by similar uses, not residential or agriculture. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The property does not have residential properties adjacent to the site.

11 (4) The use, in the opinion of the city council, is reasonably related to the overall needs of the city and to the existing land use. The L-I district permits and envisions such uses with a CUP. (5) The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. L-I zoning districts allow commercial recreation by way of a CUP. (6) The use is not in conflict with the policies plan of the city. No conflicts exist. (7) The use will not cause traffic hazard or congestion. As presented this will not cause a traffic hazard of congestion. (8) Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or general unsightliness. Existing nearby businesses would not be negatively affected. Staff recommends approval of the CUP for Outdoor Vehicle/Trailer Storage subject to the following conditions: 1. Outdoor storage shall be maintained and free of debris. 2. Outdoors storage in no case shall take up employee parking. 3. Outdoor storage shall not encroach on property line setbacks 4. Vegetative screening should be provided along South Diamond Variance for Outside Storage in the Front Yard A variance is required for outdoor storage to be located in the front yard and to reduce the parking setback from a building. Capitol Beverage is applying for a Variance because outdoor storage is required to be located in the rear yard, and Capitol Beverage is proposing to locate their storage in the front yard. The proposed expansion is extending off the warehouse portion of the existing building to the west, and is being used for warehouse purposes. With the expansion location, the only available land is the front yard. The trailer parking lot is proposing to locate in the Southwest corner of the property and will accommodate 21 trailers at maximum capacity. The proposed trailer lot is setback from the property line the required 10 feet. Capitol Beverage also needs a variance for the employee parking setback from buildings; the required setback is 10 feet. The proposed employee parking is drawn to be located closer than the 10 feet. The parking to the west of the building extension is setback from the building, but not the full 10 feet. The 3 parking stalls west of the existing building has a building setback of zero. Staff is recommending that these three stalls be removed given the proximity to the building. The uniqueness of the site, the lack of existing parking, and the driveway width required for truck trailers and emergency vehicles to

12 maneuver, presents a challenge in designing the site. These are not atypical designs in the Industrial zone. Criteria for granting variances. The planning commission shall hear and the city council serving, as the board of adjustments and appeals, shall make findings of fact that the proposed variance from the literal provisions of this chapter be granted or denied pursuant to the requirements of Minn. Stats and any amendments thereto, which include, but are not limited to the following considerations: (1) Variances shall only be permitted when they are in harmony with the general purpose and intent of city code and consistent with the comprehensive plan. The location of outdoor storage, and the setback requirements would be in harmony with the surrounding area. (2) Variances may only be permitted when the applicant establishes that there are noneconomic practical difficulties in complying with the zoning ordinance, meaning the property owner proposes to use the lot or parcel in a reasonable manner not permitted by the zoning code. An economical difficulty does not apply; outdoor storage and similar setbacks are not uncommon in this neighborhood. (3) The plight of the property owner must be due to circumstances that are unique to the lot or parcel and is not created by the property owner. The site is unique due to the location of the addition and the remaining available land. (4) The variances must not alter the essential character of the locality including all zoning district and overlay district provisions. The variance would not alter essential character of locality. Staff recommends approval of the variances for front-yard vehicle/trailer storage and for the parking setback for the 20 parking stalls west of the new addition. Site Plan The proposed warehouse addition totals approximately 77,000 square feet of additional building constructed of painted pre-cast concrete panels to match the existing building. The site plan as submitted would add an additional 42 parking stalls for passenger vehicles with 21 additional stalls of truck trailer parking along South Diamond Lake Road subject to the outdoor storage CUP/variance. In reviewing the site plan, staff would make the following recommendations as being conditions of final approval by City Council: The three parking stalls adjacent to the building on the southwest corner of the building (where the new addition meets the existing building) should be removed as they do not meet the required setback from the building. Even with the three spaces removed, the expansion would still meet the necessary 39 new parking stalls required by code (see below). Plans must be revised to address the slope/elevation issues between the new truck/trailer

13 storage area and South Diamond Lake Road (retaining wall, etc.) The outside truck/trailer parking allowed via CUP and variance should be screened along South Diamond Lake Road. While this area is narrow, plans should be revised to show vegetative screening/trees along with sloping changes noted above. Easement must be obtained from the City for the western-most access (City staff recommends this location for the purposes of aligning with aligning with George Weber Drive and further recommends that the City provide the required easement in order to accomplish this alignment). All requirements per the CUP approval for outside vehicle/trailer storage (see above) must be met. All requirements from the City Engineer s memo from dated October 10, 2017 must be met to the satisfaction of the City Engineer. All conditions/comments from the Fire Marshal s memo dated September 29, 2017 must be met to the satisfaction of the Fire Marshal. Applicant will submit revised elevations to comply with architectural standards regarding façade breakup. A development agreement between the City and the property owner must be executed. Staff Recommendation Staff recommends approval of the site plan, Conditional Use Permit for outdoor vehicle/trailer storage, variance for front yard vehicle/trailer storage, and variance for parking setback from building for Capital Beverage subject to the following conditions: 1. All conditions/comments of the City Engineer s memo dated October 10, 2017 shall be addressed. 2. All conditions of the Fire Marshal s memo dated September 29, 2017 shall be addressed. 3. The CUP shall be executed and recorded 4. Development agreement shall be executed and recorded. 5. The three parking stalls adjacent to the building on the southwest corner of the building to be removed from the site plan. 6. Plans must be revised to address the slope/elevation issues between the new truck/trailer storage area and South Diamond Lake Road (retaining wall, etc.) 7. The outside truck/trailer parking allowed via CUP and variance should be screened with vegetation along South Diamond Lake Road. 8. Easement must be obtained from the City for the western-most access 9. Outdoor storage shall be maintained and free of debris. 10. Outdoors storage in no case shall take up employee parking. 11. Outdoor storage shall not encroach on property line setbacks 12. All requirements from the City Engineer s memo from dated October 10, 2017 must be met to the satisfaction of the City Engineer. 13. All conditions/comments from the Fire Marshal s memo dated September 29, 2017 must be met to the satisfaction of the Fire Marshal. 14. Applicant will submit revised elevations to comply with architectural standards regarding façade breakup. ATTACHMENTS: Description Narrative, Site Location, Site Plan, Elevations, City Engineer Memo, Fire Dept. Memo

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29 REQUEST FOR ACTION ROGERS PLANNING COMMISSION Meeting Date: October 17, 2017 Agenda Item: No. 5.2 Subject: Prepared By: Public Hearing to Consider a Request by Revolution Gymnastics for a Conditional Use Permit to Allow a Commercial Recreation Facility Within the L-I District, Located at Co. Rd. 81 Amy Patnode, Planning Assistant Overview / Background The applicants, Kristin and Ben Tobler are proposing to locate their gymnastics facility, Revolution Gymnastics, at County Road 81. The gymnastics facility is considered a Commercial Recreational use. The gymnastics facility is proposing to be located in a Limited Industrial district (L-I); Commercial Recreation is a Conditional Use. The proposed gym would locate into a office/warehouse building with 4 tenants, including the proposed gym. Primary Issues to Consider Conditional Use Parking Analysis of Primary Issues About the Facility: Revolution Gymnastics is a instructional gymnastics training facility for preschool, school age and competitive team programs. The gymnastics facility is a stand alone facility and currently rents space from a neighboring school. They would like to take the opportunity to move into the Rogers Community. At peak operating hours, the business anticipates 15 to 30 cars; whether that be parked, or pick-up/ drop-off. Class sizes are expected to be 6 to 9 kids, with 4 to 8 classes running at the same time. There are 15 minute intervals between each class. Standard gym hours with be 9:00 AM to 7:30 PM. The number of employees projected to be on at max. business hours is 5-8. About the Property: The subject property was constructed in 1996 and is currently zoned Limited Industrial. The property has access off Ironwood Circle and has two curb cuts from the south east side of the property. The building has costumer entrances and dock doors entrances for office/warehouse type uses. The property has a total of 74 parking stalls. All current tenants are considered warehouse/storage. According to the city code parking standards 16 stalls are allotted to the three existing tenants. The gymnastics facility expects a maximum of 30 cars during peak hours. Since there is no parking ratio for the Commercial Recreation use, calculations were reached from a combination of two different uses. Staff used the parking ratio equation from the 'Schools, preschool or daycare centers' (One space for each 450 sq ft of floor area) and the 'Health and/or fitness club' (One

30 space for each 200 sq ft of floor area) and took the average of the two. Below is a table showing calculations: Suite Use Name Sq. Ft Parking Ra o Suite 100 Warehouse/Storage Benzinger 9,437 5 Suite 200 Commercial Recrea on Revolu on Gymnas cs Suite 300 Warehouse/Storage 43 rd Street Ligh ng & Décor Suite 400 Warehouse/Storage MN Equipment/ Bee Artsy , ,778 7 Total: 66 Interior reconstruction: The interior space will be remodeled; mainly the demolishing of walls. There will be minimal alterations to the space, as equipment will take up the warehouse space. (b) Criteria for granting conditional use permits. In granting a conditional use permit, the city council shall consider the advice and recommendations of the planning commission and the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Among other things, the city council shall make the following findings where applicable: (1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The proposed Commercial Recreational use will not create an excessive burden. (2) The use will be sufficiently compatible or separated by distance or screening from adjacent agricultural or residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. The property is surrounded by similar uses, not residential or agriculture. (3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. The property does not have residential properties adjacent to the site. (4) The use, in the opinion of the city council, is reasonably related to the overall needs of the city and to the existing land use. The area of the city permits such uses with a CUP. (5) The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. L-I zoning district allows commercial recreation by way of a CUP. (6) The use is not in conflict with the policies plan of the city. No conflicts exist. (7) The use will not cause traffic hazard or congestion. As presented this will not cause a traffic hazard of congestion. (8) Existing businesses nearby will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or general unsightliness. Existing nearby businesses would not be affected. Staff Recommendation Staff recommends approval of the CUP for Revolution Gymnastics to locate a Commercial Recreation use in a Limited Industrial zone. Motion: Move to approve the CUP for a Commercial Recreation use in an L-I zone, subject to the following conditions below:

31 1. Signage is limited to code requirements. 2. All fire code requirements shall be met. Financial Impact: $ Budgeted? Source Fund: Notes: ATTACHMENTS: Description Location Map Ariel View Access Points Building Plans

32 Hennepin County Property Map Date: 10/11/ inch = 1,600 feet PARCEL ID: Comments: OWNER NAME: 101 Professional Center Llc PARCEL ADDRESS: Co Rd No 81, Rogers MN PARCEL AREA: 2.78 acres, 121,229 sq ft A-T-B: Abstract SALE PRICE: $1,650,000 SALE DATA: 06/2017 SALE CODE: Warranty Deed ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Commercial-Preferred HOMESTEAD: Non-Homestead MARKET VALUE: $1,739,000 TAX TOTAL: $65, ASSESSED 2017, PAYABLE 2018 PROPERTY TYPE: Industrial-preferred HOMESTEAD: Non-homestead MARKET VALUE: $1,739,000 This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT HENNEPIN COUNTY 2017

33 Hennepin County Property Map Date: 10/11/ inch = 400 feet PARCEL ID: Comments: OWNER NAME: 101 Professional Center Llc PARCEL ADDRESS: Co Rd No 81, Rogers MN PARCEL AREA: 2.78 acres, 121,229 sq ft A-T-B: Abstract SALE PRICE: $1,650,000 SALE DATA: 06/2017 SALE CODE: Warranty Deed ASSESSED 2016, PAYABLE 2017 PROPERTY TYPE: Commercial-Preferred HOMESTEAD: Non-Homestead MARKET VALUE: $1,739,000 TAX TOTAL: $65, ASSESSED 2017, PAYABLE 2018 PROPERTY TYPE: Industrial-preferred HOMESTEAD: Non-homestead MARKET VALUE: $1,739,000 This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT HENNEPIN COUNTY 2017

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